Bts Research International Pty Ltd … vs The Controller General Of Patents & … on 3 April, 2025

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1. This is an appeal under section 117 of the Patents Act, 1970 against an

order dated 16 June 2020 passed in Patent Application

no.0041/KOLMP/2012.

2. The title of the subject invention is “Method of generating hybrid/chimeric

cells and uses thereof”. The invention relates to a tri-hybrid cell and the

method for preparing the same. It is contended that a tri-hybrid cell is

produced by an artificial process of fusion of three somatic cells of which at

least two are of different types and can be cells of humans and a mouse.

Such a hybrid cell is formed by using genetic engineering techniques and is

not an organism or part of a plant and animal nor does it involve any

essentially biological process for production or propagation of plants and

animals. In brief, the formation of a trihybrid cell essentially requires human

intervention so as to prepare it artificially and the same is not produced by

an essentially biological process for production or propagation of plants and

animals.

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